Justinian I · The Digest of Justinian §50.17.7.pr

Prohibition of Dying Partly Testate and Partly Intestate

Passage 9067 of 9271 · Latin

Summary

Pomponius states that under Roman law, a civilian cannot die partly testate and partly intestate, as the concepts of being testate and intestate are naturally incompatible.

[POMPONIUS libro tertio ad Sabinum. ] §50.17.7.prIus nostrum non patitur eundem in paganis et testato et intestato decessisse: earumque rerum naturaliter inter se pugna est 'testatus' et 'intestatus'.

[POMPONIUS, in his third book on Sabinus.] Our law does not allow the same person, among civilians, to have died both testate and intestate; and there is naturally a conflict between those things, "testate" and "intestate".

Notes

50.17.7.prin paganis — Refers to `paganus` (civilians, non-soldiers). In Roman law, soldiers had the privilege (*testamentum militis*) to die partly testate and partly intestate, whereas this was not allowed for civilians (*paganus*), to whom the principle "no one can die partly testate and partly intestate" strictly applied.
50.17.7.preundem ... decessisse — An accusative with infinitive (A.C.I.) construction acting as the object of the verb `patitur` (to allow, tolerate). `eundem` (the same person) is the subject accusative of the perfect infinitive `decessisse` (from *decedo*, "to die").

Cite this passage

Justinian I, The Digest of Justinian §50.17.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.7.pr

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